Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd

Employment – Unfair dismissal. The Employment Appeal Tribunal (the EAT) allowed the employee's appeal, in part, namely in respect of the employment tribunal's (the tribunal) dismissal of his claim of unfair dismissal. The EAT, however, dismissed the employee's appeal in respect of the tribunal's dismissal of his claim of age discrimination. The employee, aged 59, who had been made redundant after a period of consultation, had contended that the consultation had been a sham with a pre-determined outcome. The EAT held in respect of the decision on unfair dismissal, that the tribunal had failed to understand or to apply its finding of fact that consultation had been perfunctory and insensitive when it had, nonetheless, concluded that the consultation had been reasonable and the dismissal had been fair. The case was remitted to a differently constituted tribunal to consider the claim of unfair dismissal

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